SALIL KUMAR DATTA, J.

( 1 ) THIS is an appeal against the judgment of affirmance. The plaintiffs instituted the suit for declaration of their title in respect of various plots of land in different khatians situate in the district of Burdwan and for confirmation of their possession therein.

( 2 ) THE relevant facts as stated in the plaint are as follows. The plaintiffs' predecessor. Prahlad was an occupancy raiyat in respect of the five plots being the suit lands and the rent in respect of the plots, was share of produce inclusive of cess. After the death of Prahlad his four sons, plaintiffs Nos. 1 and 3, the father of plaintiff No. 4 and deceased plaintiff No. 2; continued to possess the disputed lands on :payment of rent till 1356 B. S. In 1357 B. S. they grew crops in the disputed lands but the defendants out of enmity tried to dispossess the plaintiffs from the disputed Lands. The plaintiffs accordingly 'brought the suit for declaration of their sthitiban rajyati right in respect of the suit lands and also for recovery of possession in case they were dispossessed during the pendency of the suit and also for permanent injunction.

( 3 ) THE defendants Nos. 1, 2. 3, 5 and 6 only

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